10 U.S.C. § 2740 — Property loss: reimbursement of members and civilian employees for full replacement value of household effects when contractor reimbursement not available
submitted 15 years ago by Pub. L. 111-383 to r/title-10-ARMED-FORCES · 345 words · no verdicts yet
The Secretary of Defense and military-department Secretaries may pay full replacement value for certain household-goods claims when a carrier cannot provide that reimbursement.
The Secretary of Defense and military-department Secretaries may pay* a section 3721 claim for household goods stored or transported at Department of Defense expense at full replacement value when section 2636a does not make that reimbursement available directly from a carrier. This applies when: (1)(A) the goods were handled under a qualifying contract, tender, or solicitation requiring full-replacement-value settlement and (B) circumstances exclude the provider from liability; (2)(A) the loss occurred while an ocean carrier had the goods under a Defense Department ocean-carriage contract and (B) land transportation was under contracts requiring land carriers to pay full replacement value; or (3)(A) a contract or solicitation required at least one provider or carrier to pay full replacement value, (B) more than one independent provider had custody, and (C) the delivering provider denied all or part of the claim because an earlier provider or government entity had custody when the loss occurred.
The Secretary of Defense and the Secretaries of the military departments*, in paying a claim under section 3721 of title 31 arising from loss or damage to household goods stored or transported at the expense of the Department of Defense, may pay* the claim on the basis of full replacement value in any of the following cases in which reimbursement for the full replacement value for the loss or damage is not available directly from a carrier under section 2636a of this title:
A case in which—
the lost or damaged goods were stored or transported under a contract, tender, or solicitation in accordance with section 2636a of this title that requires the transportation service provider to settle claims on the basis of full replacement value; and
the loss or damage occurred under circumstances that exclude the transportation service provider from liability.
A case in which—
the loss or damage occurred while the lost or damaged goods were in the possession of an ocean carrier that was transporting, loading, or unloading the goods under a Department of Defense contract for ocean carriage; and
the land-based portions of the transportation were under contracts, in accordance with section 2636a of this title, that require the land carriers to settle claims on the basis of full replacement value.
A case in which—
the lost or damaged goods were transported or stored under a contract or solicitation that requires at least one of the transportation service providers or carriers that handled the shipment to settle claims on the basis of full replacement value pursuant to section 2636a of this title;
the lost or damaged goods have been in the custody of more than one independent contractor or transportation service provider; and
a claim submitted to the delivering transportation service provider or carrier is denied in whole or in part because the loss or damage occurred while the lost or damaged goods were in the custody of a prior transportation service provider or carrier or government entity.
Source credit: (Added Pub. L. 111–383, div. A, title III, § 354(a)(1), Jan. 7, 2011, 124 Stat. 4194.)
- 2011Enacted · Pub. L. 111-383 · 124 Stat. 4194
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-383 on 2011-01-07.
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